SHIVAPPA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed on behalf of the original claimants for review / modification in the order passed by this Court.

(2.) The present respondents have filed First Appeal No.1909 of 2019 challenging the Judgment and award in land acquisition proceedings i.e. Land Acquisition Reference No.122 of 2011, decided by learned Joint Civil Judge, Senior Division, Omerga on 02-08- 2014. The appeal is admitted and it is pending before this Court for its turn for final hearing. They have also filed an application for stay to the execution of the award and a conditional order was passed by this Court. The appellant therein were directed to deposit the entire decreetal amount awarded by the Reference Court along with interest accrued within six weeks from the date of the order i.e. 22- 06-2018. After the amount was deposited by the appellants therein, the present applicants had filed Application No.7291 of 2019 for withdrawal of the amount. After hearing the parties, this Court passed following order : -

(3.) The applicants have come with a case that, the applicants No.1/3 to 1/5 have relinquished their rights from the land which was acquired and it was registered relinquishment deed which was executed in favour of applicants No.1/1 and 1/2. In view of the fact that they have relinquished their right, the applicants are seeking modification to the order dated 06-09-2019. It is stated that, the amount which goes to the share of applicants No.1/3 to 1/5 should be equally distributed amongst applicants No.1/1 and 1/2.